La. Admin. Code tit. 48 § I-5607

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-5607 - Initial Licensure Application Process

A. Any entity, organization or person seeking to operate as a BHS provider shall submit a completed initial license application packet to the department for approval. Initial BHS provider licensure application packets are available from HSS.

B. The completed initial licensing application packet shall include:

1. a completed BHS provider licensure application;

2. the non-refundable licensing fee established by statute;

3. the LDH plan review approval letter from OSFM, if applicable;

4. the on-site inspection report with approval for occupancy by the OSFM, if applicable;

5. the health inspection report with recommendation for licensure from the Office of Public Health;

6. a current (within 90 days prior to the submission of the application packet) statewide criminal background check, including sex offender registry status, on all owners and managing employees;

7. except for governmental entities, proof of financial viability;

8. an organizational chart and names, including position titles of key administrative personnel and governing body;

9. a legible floor sketch or drawing of the premises to be licensed;

10. a letter of intent detailing the type of BHS provider operated by the licensee and the types of services or specializations that will be provided by the BHS provider (e.g. addiction treatment program, mental health program, residential provider, outpatient provider, opioid treatment program);

11. if operated by a corporate entity, such as a corporation or a limited liability company, current proof of registration and status with the Louisiana Secretary of State;

12. any other documentation or information required by the department for licensure including, but not limited to:

a. documentation for opioid treatment programs, such as a copy of the OBH FNA letter; and

b. a copy of the FNR approval letter for providers of PSR/CPST;

13. for a residential substance use disorder facility, submission of the attestation in accordance with §5712 of this Rule.

C. Deadline for Submitting Initial Licensure Application for Unlicensed Agencies

1. Any unlicensed agency that is a provider of any PSR, CI and/or community psychiatric support and treatment services prior to the promulgation of this Rule and is required to be licensed as a BHS provider has 180 days from the promulgation of this Rule to submit an initial licensing application packet to HSS.

2. Any such unlicensed agency may continue to operate without a license during the licensing process until the department acts upon the initial license application and any and all appeal processes associated with the initial licensure is complete or the delay for taking an appeal has expired, whichever is later.

3. The department has the authority to issue a cease and desist order and pursue legal action for failure to comply with the deadline for submitting an initial licensure application. The cease and desist order shall require immediate discharge of all current clients and no new clients shall be admitted.

D. If the initial licensing packet is incomplete, the applicant shall:

1. be notified of the missing information; and

2. have 90 days from receipt of the notification to submit the additional requested information; if not submitted, the application shall be closed.

E. Once the initial licensing application is approved by the department, notification of such approval shall be forwarded to the applicant.

F. The applicant shall notify the department of initial licensing survey readiness within the required 90 days of receipt of application approval. If an applicant fails to notify the department of initial licensing survey readiness within 90 days, the application shall be closed.

G. If an initial licensing application is closed, an applicant who seeks to operate as a BHS provider shall submit:

1. a new initial licensing packet;

2. non-refundable licensing fee; and

3. facility need approval, if applicable.

H. Applicants shall be in compliance with all applicable federal, state, departmental or local statutes, laws, ordinances, rules, regulations and fees before the BHS provider will be issued an initial license to operate.

I. A BHS provider is prohibited from providing behavioral health services to clients during the initial application process and prior to obtaining a license, unless the applicant qualifies as one of the following facilities:

1. a licensed mental health clinic;

2. a licensed substance use/addiction treatment facility; or

3. an agency that is a provider of PSR, community psychiatric support and treatment, and/or CI services.

J. Off-Sites. In order to operate an off-site, the provider shall submit:

1. a request for opening an off-site location;

2. a completed application, including established operational hours;

3. payment of applicable fees;

4. current on-site inspection reports from OSFM and OPH; and

5. for any residential off-site, plan review approval from OSFM.

La. Admin. Code tit. 48, § I-5607

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 411688 (9/1/2015), Amended by the Department of Health, Bureau of Health Services Financing, LR 431381 (7/1/2017), Amended LR 481282 (5/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2151-2161.